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Property Crimes: Aggravated Burglary


Aggravated Burglary: Property Crime Attorneys

Aggravated Burglary - Property Crime - Attorneys

Legal Definition:

Aggravated burglary is when, during a burglary, the suspect uses, attempts to use, or threatens to use a dangerous weapon. A burglary can also become an aggravated burglary if the suspect injures someone during the course of the burglary.

Aggravated Burglary

Utah Code §76-6-203

Degree

Aggravated burglary is a 1st degree felony.

Elements

A defendant commits 1st degree felony aggravated burglary if in attempting, committing, or fleeing from a burglary the defendant or another participant in the crime:

  • causes bodily injury to any person who is not a participant in the crime;
  • uses or threatens the immediate use of a dangerous weapon against any person who is not a participant in the crime;
  • or possesses or attempts to use any explosive or dangerous weapon.
Fine

1st degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

1st degree felony: A term of imprisonment not to exceed 5 years and which may be for life.
(Utah Code Ann. §76-3-203(1))

DNA Specimen Analysis

A defendant convicted of a 1st degree felony aggravated burglary must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of a 1st degree felony aggravated burglary may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))


Other Criminal Charges

Learn more about crimes related to Aggravated Burglary. If you have any questions, please feel free to call our office at (801) 505-1586.

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